Passim

Mandamus decisions / Southern District of New York

Shcheulnikov v. Cioppa

Southern District of New YorkJennifer L. RochonDecided November 13, 2024No. 1:24-cv-00441

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What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency USCIS Read by a model
Matvei Shcheulnikov (“Plaintiff”) filed an asylum application with United States Citizenship and Immigration Services (“USCIS”) in November 2020.
Form or filing I-589 (asylum) Read by a model
On November 16, 2020, Plaintiff filed a Form I-589 Application for Asylum
What the suit asked for Decide the asylum application Read by a model
Plaintiff seeks a writ of mandamus to compel the Defendant to adjudicate Plaintiff’s asylum application and/or schedule an interview within thirty days.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, the Government’s motion to dismiss is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
The Court thus grants the Government’s motion to dismiss Plaintiff’s APA claim under Rule 12(b)(6).
Whose motion The government's motion Read by a model
Defendant has moved to dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons set forth above, the Government’s motion to dismiss is GRANTED.
Prevailing party Government Read by a model
For the reasons set forth above, the Government’s motion to dismiss is GRANTED.
The delay claim Dismissed Read by a model
The Court thus grants the Government’s motion to dismiss Plaintiff’s APA claim under Rule 12(b)(6).
Months pending 38.1 months from the application to the suit; 47.9 months from the application to the court's decision Read by a model
On November 16, 2020, Plaintiff filed a Form I-589 Application for Asylum
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Accordingly, the first TRAC factor weighs in favor of the Government.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
The Court finds the analyses of these courts persuasive and agrees with them. Accordingly, the first TRAC factor weighs in favor of the Government.
Threshold rulings None Read by a model
Nationality Russia Read by a model
Plaintiff is a citizen of Russia

How the case ended

Docket
No. 1:24-cv-00441
Filed
January 21, 2024
Ended
November 13, 2024
Suit's filing to its end
297 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2024-11-13 dismisses for want of jurisdiction; idb disp 6 (judgment: motion before trial), judgment for defendant

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

Supreme Court and Second Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 3, 2026. Check the current status before relying on one.